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19751021 City Council Minutes340 said that this can be changed, but that the part that states that the recreation district will not interfere with our Recie ation Department should stay in. WORT FROM ATTORNEY RE/GENERAL TELEPHONE LETTER ON UNDERGROUNDING 5TH City Attorney,.John Wallace, handed out a memo to the Mayor and council on the above matter. He commented that he did not see any reason to change our position at this time. He said that we can require the General Telehpone Company to re -locate and place their facilities underground. Councilman Gellert asked what the procddure'is for implementation. Mr. Wallace said that what usually happens is that'the utility has installed the facilities and then brought suit to recover. MOTION: A brief discussion followed. COUNCILMAN GEM RT THEN MOVED WITH A SECOND BY COUNCILWOMAN SHIPPEN THAT THE CITY PROCEED IN TWO STEPS TO BE ACCOMPLISHED WITHIN THE NEXT 10 DAYS, THE FIRST STEP BEING A MEETING BETWEEN THE CITY STAFF, INCLUDING THE CITY ATTORNEY, WITH THE GENERAL TELEPHONE COMPANY STAFF FOR THE PURPOSE OF OBTAINING A COMPLETE CLARIFICATION AS TO WHETHER THEY WILL OR WILL NOT PROCEED WITH THE ENGINEERING BASED ON OUR REQUEST; AND SECOND, THAT WE TAKE LEGAL ACTION TO COMPEL IF THEY DO NOT AGREE TO PROCEED. THE MOTION CARRIED, WITH COUNCILWOMAN BRUNS ABSTAINING. AUTHORIZATION FOR JOINT PARTICIPATION WITH LYNNWOOD FOR OUTSIDE STREET SWEEPING SERVICES Abe Blandin, Street Department Superintendent, requested council authorization to call for bids for street sweeping services to be performed by outside agencies for the calendar.year 1976. He said that the City of Lynnwood would initiate advertising, etc. Mr. Blandin proceeded to explain the reason for this move, the proposed,diea to be covered and the anticipated costs. Councilman Gellert said that he would like to have some side.;by side comparisons to facilitate the decision - making process. Councilman Welling said that he would like to see the operating costs for our machine for a whole year, and how many hours a man works with the machine and if his -salary is MOTION: charged to something else or not. COUNCILMAN CLEMENT:MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PLACE THIS ON THE AGENDA FOR OCTOBER 28TH FOR REPORT AND DISCUSSION. MOTION CARRIED. DISCUSSION -ON PERSONNEL RULES.AND REGULATIONS FOR CITY OF EDMONDS • M.A.A.Ron Whaley reviewed the history behind the formation of a committee .to study and compile a Handbook on Personnel Rules and Regulations for thefCity of Edmonds. Mayor and council members had been provided with copies several weeks ago for their review. Mayor Harrison said that he did not feel there should be any formal action taken by the council and that this should be admin- istrative. There was discussion with one change suggested and that had to do with the maternity leave. It was felt that this should be 6 weeks rather than 4 weeks. There being*no.further business the meeting adjourned at 9:45 P.M., The Mayor announced that there will be an executive sessions in his office following the meeting. O., October 21, 1975 ROLL* CALL :26L&:46� - . H . H : HARRISON, Mayor 'The regular meeting of the Edmonds City Council was called to order at 7:30 P.M. .in the Council Chambers of the Civic Center by Mayor Pro-Tem Max Gellert, -with all council members present except Anderson, who had notified the Mayor that he would be one hour late. Mayor Harrison was representing the city at another meeting. APPROVAL OF MINUTES Minutes'of the meeting of the 14th of October had been mailed, posted and distributed and with no omissions nor corrections were approved as written. COUNCIL PARTICIPATION CJ Mayor Protem Gellert read a letter from Joan Swift a member of the Coterie, following an inquiry from Councilwoman Shippen. Mrs. Swift.explained to the council that the Club had been awarded $875 by the American Revolution Bicentennial Commission to be used towards the publication of a book on the history of early Edmonds as a bicentennial project. In May Mrs. Swift had asked council to contribute towards the matching funds that were needed. The council voted for a matching contri- bution of $500, with the remaining $375 through donations. It was also stipulated that if the $375 — could not be raised in.the'allotted time, the city would.make up the deficit up to the full $875.00. Mrs. Swift said that to this date individual donations total $400, however, since the application was made for a grant to produce this book, the costs have risen by the same amount. She said that they anticipate raising more money by'donations; but they would like to know if -the city would raise their contribution from the $500 up to�the $875 matching money that the council voted to grant. Councilman MOTION: Welling then moved, seconded by Councilman Clement to authorize an amount not to exceed the $875.00 matching money for the- publication of a history of'early Edmonds by the Coterie. The motion carried, with Councilman Nordquist voting against. 'Councilwoman Shi-ppen made reference to -a memo from'the City Engineer in which he'asked that the code be revised to require electrical and telephone services in connection with major repairs and remodeling to go underground. Mr. Larson said that it was his understanding that they.were to evalutate each particular request, so there had been no action to palce the item on the agenda. He said that it is MOTION: still his recommendation that it be placed on the agenda. Councilwoman Shippen made a motion which was seconded.by Councilwoman Bruns that revision of City Code Sec. 6.3O.to require electrical and telephone services in connection with major repairs go underground be set for discussion at the work meeting of November loth. Motion carried. . 341 • letter h mi Councilwoman Bruns said that she did not receive a copy f a tt o e e from the Snoho sh County Commissioner's Office regarding subsidizing an Assistant Planner in the Law and Justice Department for the remainderv-of�the.tyear...There was discussion on this with the Mayor's Administrative Assistant and he said that copies would be provided in the council packets this week. Councilman Clement asked what the city policy was with regard to election signs in the Council roadway, for instance in the Perrinville Area. The City Engineer said that usually each election year the. council confirms a policy of not allowing campaign signs in the city right-of-way. He also said that in the past the Public Works crews have been instructed to take signs out of the city right - MOTION: of -way. Councilman Clement moved to reaffirm the city's position that the city right-of-way be kept clear of signs. Councilwoman Bruns seconded and the motion carried. Mr. Whaley said that he will instruct the Public Works Department in the morning. AUDIENCE PARTICIPATION Don McQuade, 7215 - 176th S. W.,,who is Chairman of the Board of Adjustment spoke to the council and requested the addition of two more members to that Board. He said that at last meeting they had four members and on two items the vote was 2 to 2 so that they had to ask two applicants to postpone their items until next month. He said that they have so many items on the agenda for November, that the Board will have-' to schedule two meetings. There was general discussion from the council. The City Planner stated that the staff has recently taken care of short subdivisions and perhaps they can process the Conditional Use Permits also. Dave Larson, a former Planning Commission member, said that he did not feel that a nine member board would solve the problem of having a quorum. Mr. Larson said that. the solution is in appointing the people in the first place. He said they should be asked at the time•of appointment how much time they will have available and how many meetings they can attend during the year. Mayor Protem Gellert said that there is a rule on the council that if you are absent three consecutive meetings, you,are off th'e council. Mr. Larson said that it could be successive meetings or perhaps a number of meetings over a period of MOTION: time. The City Attorney advised that this should be heard by the Planning Commission and should be referred to them, and then it can come to the council. Councilman Welling moved to refer that request of the Chairman of the Board of Adjustment to the Planning Commission so that we can initiate the proper procedure to amend the code in this regard with the suggestion that the Planning Staff take care of the processing of applications for home occupations. Councilman Clement seconded the motion and commented that he did not want to imply to the Planning Commission that one problem had to be solved before they could make a recommendation on the other. The motion carried unanimously. HEARING: ON VACATION AND SALE OF A PORTION OF ELM BETWEEN 5TH & 6TH City Engineer, Leif Larson, said that there was a hearing held on the 19th-of August when the council instructed the Engineer to obtain an appraised valuation of the property to be vacated. This is a section of Elm -Street between 6th and Edmonds Way. The appraiser has indicated a value of $1,000. It was pointed out that the usual procedure is to sell for one-half the appraised valuation. The public portion of the hearing was then opened. Mr. Don Westlin, local architect, was present representing Mr. Weinman. Mr. Westlin said that he started working with Mr. Weinman several months ago on a PRD and it -became apparent that they would have to request this vacation. He asked that the council look upon this favorable and execute at the earliest. The hearing was then closed. MOTION: Councilman Nordquist moved, seconded by Councilman Clement for the adoption of Ordinance #1795 vacating a portion of Elm between 5th and 6th and providing that the city be compensated i-n the amount'of $500.00 6r one-half the appraised value. The motion carried unanimously. DAVE LARSON PROPOSAL Mayor Protem Gellert stated that a letter from Mr: Larson had been received this evening. Mr. Gellert read the letter which indicated that the Larson family owns a tract of land somewhat over five acres in Shell Valley. The property abuts land presently being developed by Puget Sound Service Corporation as a PRD. Mr. Larson suggested that the city purchase the development rights to his entire parcel of property, together with an easement for pedestrian, bicycle and equestrian access along the Valley floor. The Mayor Protem suggested that we wait about one year.to see how the development by Puget Sound Service goes. Mr. Larson also suggested that city vehicles be allowed access, but that he did not want motorcycles or 4=wheel drive vehicles on any streets. General discussion followed, with Mrs. Shippen no that the IAC sometimes buys development rights, so there may be State help available. It was also MOTION: suggested that the property be appraised. Councilwoman Shippen made a motion to request an appraisal of.the Larson property for the purpose of purchasing the development rights and property easement. There was a suggestion that the motion be re -worded as the property should be appraised in fee. Councilwoman Shippen then moved, seconded by Councilwoman Bruns to request an appraisal of the Larson property in fee and separate out the development cost and the cost of the easement. Councilman AMEND: Clement said that he would like to offer an amendment. He then moved to amend to refer the matter to the Park Board for positive show of interest prior to getting an appraisal. Councilman Anderson seconded the amendment. The amendment was voted upon and carried unanimously. The main motion as.. amended.also carried, with Councilman Welling voting against. AGREEMENT WITH COUNTY COMMISSIONERS AND INTERLOCAL AGREEMENT RE/HUD There was a brief discussion on this item with City Attorney, John Wallace.,commenting that.he had gone over the agreement and he could not see any way that the City could enter into the contract unless the South County Senior Center also executes the contract. He said that they are the ones that would .have the physical position of the facility and will have to do much of the day to day accounting, etc. It was suggested that there should be further review and briefing by the attorney. MOTION: Councilman Nordquist moved, seconded by Councilman Anderson that the matter be postponed by the meeting of October 28th. The motion was voted upon and carried unanimously. 342 PROPOSED RESOLUTION RE/PERMANENT SENIOR CENTER SITE • MOTION: Councilman Nordquist moved,'seconded by Councilman Anderson for the adoption of Resolution #342 DENOMINATING 220 RAILROAD AVENUE, EDMONDS, WASHINGTON AS THE PERMANENT SITE FOR THE SOUTH SNOHOMI6H COUNTY SENIOR CENTER SITE. THE MOTION CARRIED WITH COUNCILMAN WELLING VOTING AGAINST. Councilman Welling said that he was voting against for the reason that he thinks we are giving away our options. PROPOSED RESOLUTION TRANSFERRING MONIES FROM CONTINGENCY TO GENERAL FUND FOR INDIGENT DEFENDANTS. City Attorney, John Wallace, said that this was approved in executive session as settlement of a law suit. A judgment was obtained in Mid=September in the amount set forth in the resolution. An action had been instituted by a group of attorneys for recovery of fees for representation MOTION: of indigent defendants. COUNCILMAN NORDQUIST MOVED FOR THE ADOPTION OF RESOLUTION #343 TRANS- FERRING $1,609.80 FROM THE CONTINGENCY FUND TO THE GENERAL FUND. COUNCILWOMAN BRUNS SECONDED AND THE MOTION CARRIED UNANIMOUSLY. PROPOSED RESOLUTION FOR ENDORSEMENT OF PACC MOTION: Councilman Nordquist moved, seconded by Councilman Clement for the adoption of Resolution #344, supporting the creation of a Recreation District in South Snohomish County for the purpose of acquisition, construction, maintenance and operation of an auditorium/cultural center in South Snohomish County. The motion carried unanimously. FIRST READING; PROPOSED ORDINANCE RE/FUNERAL PROCESSIONS Mayor Protem Gellert stated that no action is required this evening as this is first reading, but asked that the Police Chief explain the reason for the request. Chief Foster said that this came as a request from a motorcycle officer who had informed him that people were following -behind funeral processions that did not actually belong in the procession. Second reading will be next week. ANIL PROPOSED ORDINANCE AMENDING ORDINANCE #1791, LEVYING 1976 PROPERTY TAXES The City Attorney pointed out that this is for the purpose of bringing the ordinance into line. The final assessment figures were not available when the original had been passed. In answer to a question from the council, Lila Crosby, the Finance Director, replied that the assessed valuation MOTION: is $3.60 per $1,000. Councilman Nordquist moved, seconded by Councilman Welling for.the adoption of Ordinance #1796 amending #1891. The motion carried unanimously, following roll call. REVIEW OF AMBULANCE SITUATION Fire Chief, Jack Cooper, reported on this matter. He said that there had been a change in the ownership of Sno=King Ambulance Service and the council felt there should be a review of the operation after a few months. Chief Cooper said that he had been satisfied with the service rendered by the company. He also said that the aid calls run by the Edmonds Fire Department have been put on the computer.and that he would be able to tell council in about 60 days the cost involved in running our aid calls. John:Heldt, the owner of Sno-King, was present and said that he had nothing further to'add, but that he too would be interested in knowing the cost of running the aid calls. SOUND OIL TAX QUESTION LJ It was noted that a memorandum had been received by the council from Lila Crosby, Finance Director, explaining the billing and the amounts involved. The bill had been paid. Mrs. Crosby said that she had spoken with a repersentative of Sound Oil and he had informed her that .they are under strict price controls and that they were asking for relief. Councilman Anderson moved, seconded by Coun- cilman Clement that our agreement with Sound Oil be modified to valid the payment of sales tax now and up tb�-,Lheeremainuer of t-he year based upon.an excusable mistake. There was abrief discussion and following this the motion was voted upon and carried. There followed discussion on sales tax and the council was cautioned to take this into consideration next week when the bid request for fuel oil for 1976 will be coming up. Mayor Protem Gellert asked that the Mayor's Administrative Assistant and the Finance Director look into the question of sales tax. REPORT ON TRAFFIC SITUATION IN AND NEAR SCHOOLS WITHIN CITY OF EDMONDS 1 The City Engineer noted that a memorandum had been forwarded to the Mayor and council regarding this item. He said that joint meetings had been held with the Public Works, Engineering and Police Departments to review the traffic markings and signs. The committee recommended the addition of flashing warning ljghts and walkways which will additional money in the 1976 budget. Mr. Larson asked for continuation to the November 18th meeting so that they can look into the financial as- pects. Councilman Nordquist moved, seconded by Councilman Clement to postpone this matter until the November 18th meeting. Mrs. Colleen Strash was present representing the Chase Lake Elementary P.T.A. and she said that they are concerned for the safety ofrtheir children as there is a tremendous amount of traffic in their area. Mayor Protem Gellert asked her and others interested to come back for the meeting of November 18th. The motion was then voted upon and carried unanimously. DISCUSSION AND DECISION ON LAMP PROPOSALS FOR 5TH AVENUE The City Engineer said that last time he had given the council estimates based upon a verbal understanding with the P.U.D. He said that they had a meeting today with regard to their partici- pation in gas -type lamps. They indicated that they will put half of the cost of cobra lights into the gas -type lamp installation. Mr. Larson handed out estimate sheets to the council. He then went through the various proposals and costs with the council. He also said that in%'discussions today, t-he P.U.D. has still indicated that the gas lamps would require metering and that they would not maintain them. Mr. Larson also noted that the P.U.D. has a tentative schedule set up for the undergrounding. In regard to the telephone portion of the project, there is a meeting scheduled 1 0 1 L 343 _MOTION: for the 28th of October. General discussion followed. Councilwoman Shippen moved, seconded by Councilwoman Bruns for the instal-lation of 11 gas.lamps from Maple to Main on 5th Avenue replacing the cobra lights at an additional cost.of $14,000. Councilwoman Bruns said that she is not convinced however, that 11 gas lights are needed to,replace 4 of the cobra lights. Councilman Gellert said that he would vote against the motion becau'se�he is'reluctant to reduce our undergrounding finds based on the fact that the P.U.D. will not match the city's funds in this regard. Councilman Anderson did not feel the cost was justified for such a small.area. The motion failed to carry following a roll call vote which resulted 'in a "yes" vote from Shippen and Bruns and the remaining council members voting against. CLAIMS FOR DAMAGES Council acknowledged a Claim for Damages from Ted. R. Wall. This was referred to the City Clerk for processing. There was no further business to come before council, and the meeting adjourned at 10:00 P.M. IRENE VARNEY MORAN, C' y Clerk H. H. HARRISON, Mayor October 28;, 1975 Rnl I rAl I The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P.M. in the Council Chambers of the Edmonds Civic Center with all council memebersspresent. APPROVAL OF MINUTES The minutes of the meeting of October 21st had been posted, mailed and distributed. Councilwoman Bruns pointed out that in the second paragraph from the bottom of page T, the letter referred to was received from the Chairman of. the Law and Justice Planning Office and not from the Commissioner's Office. The minutes were then.approved as corrected. COUNCIL PARTICIPATION Councilman Clement said that he had received a notice from the County Commissioner's regarding a hearing which will be held on November 6th at 2:30.P.M. to expose the proposed boundaries of the public transportation. benefit area. Edmonds has been included in .that area. He said .that the public hearing will be held in the Hearing Room on the first floor of the County ADministration Building. Councilman Gellert said that the.council receives copies of the investment activity reports. He noted that the figures have been off in the last two reports. This will be corrected. Councilman Gellert said that he had called the City Attorney during the week as there will be a resolution on the ballot, SJR 101 which has to do with an overhaul of the judiciary:..He asked Mr. Wallace to explain what this would mean, and how it would affect our Justice.Court. Mr. Wallace said that the major affect would be that it would remove ultimate administration of the court and the* District Justice Court in Lynnwood, as well as the Superior Court located in Everett, to Olympia. He said that local administration would be removed at all levels and moved to Olympia. Councilman.Geller.t asked the City Attorney what had transpired at the meeting held this afternoon with the Telephone Company. Mr. Wallace said that the meeting was held and the Telephone Company invited us to proceed with the financing of the project.an:d whatever litigation the city feels is necessary to accomplish this. He indicated that the Telephone Company was willing to proceed with the project at this time if the city would provide the financing during the pendancy of litigation to decide who will make the ultimate payment. Councilman Gellert said that he had intended that we proceed with compelling them before the project was started, but the attorney said that this could delay the work for two or three years. There was considerable discussion o npossible costs and length of time spent in litigation. Councilwoman Shippen then moved that we proceed with the project and with litigation simultaneously, however this died for lack of a second. The City, -Engineer raised the question of what we should do as far as the PUD is concerned. There wasssome discussion. The Engineering Department and the PUD will be proceeding. Council members Anderson.and Gellert announced that they will not be present for the meeting on the loth of November. MOTION: Councilwoman Bruns moved that the.City of Edmonds express its willingness to the Law and Justice Planning Office to contribute to the funding for the rest of the year for the Assistant Law and Justice Planner in the amount of $328.78. She said she makes this motion for the reason that Ed- monds is a part of the Snohomish County Law and Justice Regional Planning Office, and that we have shown our willingness to belong by executing interlocal agreements, etc. She said that improving the law and justice in the County does not stop at the city boundaries, and that if it can be im- proved it would benefit all of us. Councilman Gellert seconded the motion for discussion. He said that the Police Chief.and the County Commissioners have recommended against, and that he does not feel compelled to spend the money where money is tight. Councilman Clement said that he thought that.one of the reasons for having an -Assistant Planner was for grant's administration and an in- depth crime analysis. The motion failed following a roll call vote with Shippen, Nordquist and Bruns voting in favor and the remaining members voting against.